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Friends of Freedom

A private newsletter for the supporters of the Canadian Free Speech League, dealing in cases
of the censorship and persecution of political, religious, and historical opinion.
“When a great lawyer dies, for years the light he leaves behind him, lies on the paths of other lawyers.” -- from a comment
about Doug Christie, Canadian Lawyer Magazine

Box 101, 255 Menzies Street act for his client. Later that day, losophy from the University of
Victoria, B.C. V8V 2G6 after tests, he was diagnosed with Winnipeg in 1967. He moved to
Western Canada innumerable metastases that were Vancouver where he graduated in
March 2013 spread throughout his liver. The law from UBC in 1970. He has
email: kzubko@shaw.ca doctors at that time estimated he lived in Victoria, B.C. since 1970,
had maybe six months to live. He where he has maintained a sole pro-
Doug Christie was admitted to the hospital and prietorship law practice in an age of
1946-2013 testing to discover the source of large legal corporations, occupying
R.I.P. these mets began in hopes of treat- a humble office the size of two
ing the tumour from which they parking spaces across from the
It breaks my heart that for the
originated; they were apparently courthouse. His practice initially fo-
first time since I started this news-
not from the prostate cancer that cused on criminal law, but he later
letter 28 years ago, I am writing to
he’d been diagnosed with in May developed a deeply passionate in-
you without being able to consult
2011. The source was never found, terest in freedom of expression and
and discuss the contents with Doug,
and so he started the process of civil liberties. Throughout his life
but I know that he would want me
winding up his law practice and as a lawyer, he embodied the true
to tell you about his last battle.
putting his affairs in order. spirit of “pro bono publico” often
He passed away of metastatic representing clients of little means
Sadly for all of us, the cancer
liver cancer on March 11, 2013, at to ensure they had a voice. He was
progressed so quickly that he de-
about 4:30 p.m. in the presence of a born defense lawyer, brilliant
clined first day by day and then
me, his partner of 31 years, our cross-examiner, and tenacious
hourly, until he passed away within
children Cadeyrn and Kalonica, and arguer.
19 days of being admitted to the
his sister Jane. It is hard to realize
hospital. As Canada’s most prolific de-
that as recently as February 20th,
fender of free speech, he appeared
he was hard at work defending his Doug's Obituary in the Supreme Court of Canada for
last client in a jury trial, struggling
this issue more times than any other
against increasing pain and nausea Born, Winnipeg, April 24,
counsel in Canada, to date.
trying desperately to complete the 1946, died of metastatic liver can-
trial, and uphold his commitment as cer, Victoria, March 11, 2013. He defended the landmark cases
a defence lawyer. He told the prose- of Keegstra, Zundel, Malcolm
Predeceased by his mother
cutor that he wanted to complete Ross, John Ross Taylor, Canadian
Norma in 2008. Survived by wife
the trial, if it was the last thing he’d Keltie Zubko, son Cadeyrn, daugh- Liberty Net, and Finta, all before
do. the Supreme Court of Canada.
ter Kalonica, sisters Jane Christie
Doug also appeared in the Old
On February 21st, the trial was and Myna Cryderman, brother Neil,
Bailey and the Court of Appeal in
adjourned so that I could take him father Douglas, and the extended
London, England, and throughout
to emergency as the pain was too Zubko family.
Canada in all levels of court, and
great and taking the pain killers, he Doug graduated with a double his family spent much time seeing
feared, would impair his ability to major in political science and phi-

Friends of Freedom Newsletter Page 1 March 2013


him off and greeting him at airports. 36 speeches in 30 days, travelling throughout Canada. He always
His wife Keltie worked with throughout BC and Alberta, advo- stopped beforehand to talk to Gary, a
him as his legal assistant during the cating Western Canadian separa- pan-handler that he had befriended.
years before the children were born tion. He ran in many provincial and The pall-bearers were our chil-
and together they worked on the federal elections, always taking the dren, Cadeyrn and Kalonica, two of
case of which Doug was proudest. opportunity to express his political my brothers, Daryl and Scott Zubko,
As defense counsel in Canada’s opinions. Jeremy Maddock, Doug’s assistant,
only war crimes trial (the Finta Cadeyrn and Kalonica will and a family friend, Derek Lewers.
case), he took part in court proceed- greatly miss his ever-present guid- Piper Rob Paton played Doug’s be-
ings for the defense in Hungary, Is- ance, encouragement, love and loved bagpipe music as the casket was
rael and Canada. After a 2 year support as well as the spirited argu- carried into the cathedral and later
investigation, millions of prosecu- ments he delighted in starting back out.
tion dollars and a 9 month trial, the around the table at meals. Keltie is Despite the short notice, the Ca-
accused was acquitted without call- profoundly grateful for the great thedral was filled with people from all
ing evidence, in less than 2 hours on joy (amid the challenges) of life the circles that he traversed, from law
the basis of Doug’s cross examina- and work with him for 32 years. to politics to the water polo club of
tion. After the crown’s appeal to the He was a kind and humorous man which he was president for many
Supreme Court, he was successful who gave freely all that he had of years, to his clients, neighbours,
in having the law severely restricted his wisdom, his fighting spirit, his friends from all walks of life, some
and it has never been used again. off-the-wall solutions and his love coming from many parts of the coun-
Up until the time of his death, of beauty. In memory of Doug, and try to say farewell.
he continued to advise clients in lieu of flowers, we ask simply
It was Doug’s wish that his dear
around the world on publication and that you do as he always tried to
friend Father Lucien Larre would offi-
free speech issues. Two and a half do: pass on any kindness shown to
ciate at his funeral and we are grateful
weeks before he died, he was strug- you, to someone else.
that Father Larre was able to do so,
gling to finish a jury trial, fighting Prayers will be held at Mc- giving a most beautiful and inspiring
pain and nausea, but true to his aim, Call’s Downtown, Johnson and service, speaking of Doug’s struggle
he still wanted to finish the trial to Vancouver Streets at 7:00 p.m. on for freedom of speech and his defense
the best of his ability. He deeply re- Thursday, March 14th. Funeral of his clients. “Today we are laying a
gretted to the end that he was leav- Mass will be held at St. Andrews saint to rest. He fought for what was
ing his clients unrepresented by his Cathedral, 10 a.m., Friday, March right, no matter the threats to his life
illness and death. 15th, with private interment to fol- or the number of times his office win-
During the 1990’s he built a rep- low. There will be a reception at dows were broken. He stood tall.”
utation as a major inspirational the Laurel Point Inn, from 1 p.m.
While the casket rested at the front
speaker for freedom, travelling the to 3 p.m. All those who wish to
of the cathedral, adorned by red roses
world speaking about its impor- share their memories or who were
and his black Akubra hat, the eulogy
tance. moved by his life, are welcome.
was given by Cadeyrn, our son. It is
Condolences may be offered to the
In 1978, he created a political reproduced below. Readings were
family below.
movement called the Western Can- given by friends Ellen Lewers, Ferenc
www.mccallbros.com
ada Concept, for the Independence Vindisch and Gregory Rhone. The
of Western Canada. As the major The Funeral Mass prayers for Doug, his family, his com-
advocate of Western Canadian inde- munity and the world were read by
pendence, he spoke in 100’s of Doug’s funeral was held in the our daughter Kalonica and Doug’s sis-
meetings in most little towns and beautiful St. Andrews Cathedral in ters Jane and Myna. Doug’s favorite
cities of Western Canada, on talk downtown Victoria, where he movement of Beethoven’s Pathetique
shows, to schools and universities, would go to early mass every sonata was performed by his friend
and widely varied associations. For Sunday he was home from his pro- Helmut Brauss. Following the cere-
example, in July of 1981, he gave lific travels to court proceedings

March 2013 Page 2 Friends of Freedom Newsletter


mony, the family attended a private ill. It did however, make me want ever to make sandwiches and sell
interment at Royal Oak Cemetary. to gather them into a book to in- them to his classmates.
Afterwards, a reception was spire others and certainly to main- Dad was called to the bar in
held at the Laurel Point Inn, in a tain a record of his legacy. If you 1971. And even from the start, he
beautiful room donated by the man- have such a story, I would greatly did things a little unconventionally.
agement in honor of Doug’s many appreciate receiving it. Before someone can become a law-
years of association with the Inn Please send it to: Keltie Zubko,yer, they have to article under an-
and its former owners. Pictures of Box 101, 255 Menzies Street, Vic- other lawyer for a year. This other
Doug’s life and adventures were toria, BC V8V 3G6, or email me at lawyer is their Principal, and at the
projected while an open mic en- kzubko@shaw.ca. end of the articling year, the Princi-
abled people to tell their stories ple has to declare that their articling
about him. Eulogy student is a fit and proper person.
We appreciate the efforts of Fa- by Cadeyrn Christie My dad was going through his arti-
ther Lucien Larre and his assistant cles, and taking every chance he
Ria Kaal in making possible a cere- Men like my dad weren’t made could to get into court. He had a
mony Doug would have loved. As to die in a hospital. Such men are friend who was an insurance ad-
well, we deeply appreciate the com- really made to die on a battlefield, juster. One day he was having
fort Father Larre gave Doug in his with a sword in one hand, and a lunch with this friend, and the
last days. I have had many people shield in the other. Fighting for friend had to cut short their meet-
wanting to express this appreciation what they believe. ing, in order to interview an insur-
directly to Father Larre, and who We don’t have battlefields like ance claimant. He offered to take
wish to donate to his missions, so that anymore, and so men like my my dad along with him so that they
his address is: father find other arenas, in which could continue their conversation,
they can fight for what they be- and dad agreed.
Father Lucien Larre, 128 – 145
King Edward St., Coquitlam, B.C. lieve. For my father, that arena was Dad thought nothing of it at the
V3K 6M2 or www.fatherlarre.ca the courtroom. time, but this small decision im-
Getting to that courtroom was- pacted the rest of his life. It turned
As well, I have a request of
n’t an easy thing. Growing up, my out that the insurance claimant who
those of you who wish to do so, and
that is to contribute to a book in dad explained it pretty well, he said was being interviewed was actually
“we always had enough to eat, but suing a client of Dad’s Principle.
Doug’s memory of reminisences
about him. there was never anything left on the This inadvertent error created an
table afterwards.” He worked his impossible conflict of interest, and
During the weeks of his illness, Dad’s Principle was livid. My Dad
we were amazed and gratified to re- way through school at the Univer-
ceive marvelous stories about how sity of Manitoba, while living in the lost his job, and what he thought
he has influenced, helped, inspired top floor of a boarding house, with was his only chance of becoming a
and touched people’s lives. These a broken skylight. During the sum- lawyer.
mers, he would either work on the He told me that at the time, it
came from all over the world, some
railroad, or lifeguard at the Banff seemed like his entire life was over.
from people who had only met him
once, and some from those who had Hotsprings. I can’t confirm this, but It wasn’t though, because another
there is more than one story of a lawyer, Barney Russ, stepped in,
never met him. Others came from
clients that he helped, people he young woman, who was previously took my Dad on as an articling stu-
knew from the water polo club, or a strong swimmer, suddenly and for dent, and gave him a second
from the pool where he swam in the no reason, forgetting how to swim, chance. After six additional months
and needing to be rescued by my working for Mr Russ, Dad realized
morning, chance acquaintances, and
dad. his dream, and was called to the bar
even former adversaries. Some
Dad went to UBC for his law of British Columbia. My Dad went
were simple little stories, others
took place over years of friendship. degree. Near the end of his studies, to Barney Russ, and thanked him.
Sadly, Doug was not able to and with his money almost gone, he He asked Barney how he could ever
hear most of these, as he was too became famous as the only student repay him, and Barney just replied,

Friends of Freedom Newsletter Page 3 March 2013


“pass it on”. Dad spent the rest of me that he had signed me up for ity and humility that would be with
his life trying to do just that, and the youth branch of the British him for the rest of his life.
standing here today, I know that he Special Forces. He said, “son, With us, his family, and with his
succeeded. you’re going to love it. You leave friends, my dad was one of the most
I often joked to my Dad that his in a week. They’re going to teach generous people I’ve ever known. But
most violent detractors also owed you how to repel down buildings, when it came to himself, Dad was al-
him a great debt of gratitude, be- and jump out of airplanes.” I sat ways happiest driving a beat up old
cause without him, many of his cli- there in shock as he went on. He truck, and having his boots re-soled.
ents would have gone said “you get to come back when
I could not have asked for a braver
unrepresented, and would have been you’re 14 for 2 weeks, and when
or kinder man for a father. He was
justified in crying foul at their lack you’re 16 they give you 3 weeks
busy, and he travelled a lot, but he al-
of counsel. leave. When you turn 18 you trans-
ways had time for my sister and I. He
fer into the full special forces, and
To this, my Dad’s answer was was the man who took us out to his
you can start working towards be-
always the same. He would tell me farm in Sooke, and spent hours build-
coming an officer.” Now I don’t
that everyone, no matter who they ing things with us and exploring. He
know about the average 12 year
are, or what they might have done, was the man who would get up at 6
old, but I wasn’t too pleased with
deserves a defence lawyer. am on a Saturday to go fishing. And
this development, and I made that
My Dad was not a foolish man. he was also the man, who at almost 60
pretty clear. So what did my dad
If he had set out to become rich, I years old, strapped on a mask, picked
do? Well, he thought on his feet
have little doubt that he would have up a paintball marker, and ran around
like he always did. And what he
succeeded. Instead, he chose to de- getting shot at just because his son
did next was what transformed a
fend the people who would other- thought it looked like fun.
relatively standard practical joke
wise be defenceless. He paid dearly into a family legend. He said “Son, Despite how fearsome he could
for this. He suffered terribly, but he I’m sorry, I didn’t mean to upset appear in a courtroom, Dad was al-
also persevered. To my dad, giving you. It’s ok though, because I can ways profoundly kind to Kalonica and
up was never an option. bribe the recruiter, and get your I. I think it’s fairly common for a par-
Dad was a fighter. But with all name off the list.” ent to start counting when a child mis-
the fights, and the friends, enemies, behaves. My mom would ask us to do
My dad was also a proud
and adversaries that he had along something and she would count to 3.
Scotsman. And he taught me how
the way, I think that people might My dad on the other hand, he counted
to be a Scotsman too. I think the
miss some of his most important all the way to five, and so slowly that
most important lesson he taught me
achievements. Dad was a fighter, it might as well have been ten.
in this regard, was how to pull
but he was also a protector, a pro- nails out of old 2x4s, and My dad and I would fight some-
vider, and a father. It is this last straighten them so that we could times, like any good father and son
achievement for which I respect him re-use not just the 2x4s, but also will. One of the things I remember
the most, and it’s also something the nails. most about him, is that when we did
you’re not going to read about in the argue, you might as well flip a coin,
We always laughed at this
paper, so it’s what I want to tell you because it was even odds on who was
habit he had, of re-using old build-
about today. going to apologize first. My apologies
ing materials that might have been
Anyone meeting my dad would were usually because I realized that I
a little past their prime. But this
have been hard pressed to not real- was wrong. His were usually because
habit was really a result of how
ize that he had a wonderful sense of he was willing to let me figure things
much he struggled and suffered
humor. His family however, knew out on my own, and then step in to
early on in his life. He worked so
just how deep that sense of humour help me out if I got myself really
hard to become a lawyer, and went
ran. Dad loved a good practical stuck.
without for so long, that by the
joke, so much so in fact, that when I time he became a lawyer, he had a It’s not easy to apologize, but it’s
was 12 years old, he sat me down at firmly entrenched sense of frugal- even harder sometimes to accept an
the table after dinner, and informed apology. My dad always did it gra-

March 2013 Page 4 Friends of Freedom Newsletter


ciously, and he never withheld his My dad was a lot of things, to in the world, but when it is
forgiveness, even when it might not many different people. We’ve all done right, the most
have been deserved. lost something important. My rewarding, morally, and
sometimes even materially.
When I was 14 he took me on a mother has lost a steadfast partner. It is a vocation which
summer camping trip, where we We have lost a loving father. His demands the highest ethical
drove aimlessly around the Island, friends have lost a comrade. His cli- commitment of character.
checking out all the spots we’d ents have lost an honorable advo- “It is only the defense
heard about. We ended up camping cate. This loss is crushing, but I counsel who has the
on Buttle Lake. Looking out over take comfort in a few things that I potential to make the
know: My father lived fully, he presumption of innocence a
the lake, we couldn’t tell how far reality and restore the
across it was, but there were big loved freely, and he laughed every
possibility of a fair fight to
cliffs on the other side, and Dad chance he got. He provided for and what would otherwise be
wanted to canoe across and look raised a family. He fought for what nothing but a lynch mob.”
around. Crossing the lake wasn’t he believed. He can rest now, and
no one can hurt him any longer. In Canadian Lawyer Magazine,
difficult, and we poked around, re- March 13, the following appeared:
alized that the cliffs prevented us Most importantly of all, I know that
he is at peace. [end] “Christie also campaigned
from going ashore, and we decided to remove s.13 of the
to come back. Dad really loved our
dog Angus, and he took him every-
Commentary Canadian Human Rights
Act, which deals with hate
where, even when it wasn’t really There have been some very crime. Parliament last year
the best idea. This was one of those moving pieces written about Doug, voted to repeal s.13, though
times, and as we headed back this still needs to be passed
and some absolutely horrible ones. by the senate.
across this wide lake, the wind
While he was in the hospital Christie was strongly
came up, the water got choppy, and
and still able to talk, true to his criticized by anti-racists,
the dog got anxious and started to
need to communicate his ideas, he had rocks thrown at him and
rock the canoe. I was terrified, and I his office windows were
did an interview with the local pa-
was sure that we were going to cap- smashed so many times he
per, the National Post, and had two
size and possibly drown. My dad had to board them up. Once,
last radio appearances, one on
just kept paddling, and talking to someone drove a truck
CBC's “As It Happens” through his office.
Angus to calm him down, and after
http://www.cbc.ca/player/AudioMo
a long paddle, we made it back to When journalist Gary
bile/As+It+Hap- Bannerman labelled him a
shore.
pens/ID/2338818122/ “perverted monster” in
When my dad was in the hospi- 1985, he tried to sue —
and the other on John
tal, I asked him if he remembered unsuccessfully.
Gormley’s Saskatchewan radio
this, and he said “yeah. Man was I Conservative commentator
show of February 26th available at:
nervous.” Robert Louis Stevenson Ezra Levant described
http://ckom.com/ckom-podcasts.
once said that a Leader is someone Christie in warmer terms,
who keeps their fears to them- Lawyers Weekly published on telling Legal Feeds:
selves, and shares their courage. March 26, 2013, the following
“For a generation, Doug
quotes from Doug in an article enti- Christie was Canada’s
My father was that leader. And
tled “Free Speech Advocate Dead leading free speech
looking back now, it boggles my
at 66” by Jeremy Hainsworth: advocate. In fact, he was
mind that he went through so much often Canada’s only free
that as children we couldn’t under- He called being defence
counsel the last bulwark of speech advocate, which
stand, and throughout it all he al- freedom against the should be an embarrassment
ways remained calm and collected. resources of the state. to Canada’s legal
He never once let his children see establishment.
“Defence counsel must
the uncertainty, and the pain that I place their client’s interest He adds: “Unlike the ACLU
now realize he spent most of his life and justice above their own. in the United States, Canada
confronting. It is the most demanding job lacks a robust legal culture
of defending free speech for

Friends of Freedom Newsletter Page 3 March 2013


odious people. Down in the sistant who has been putting in It is likely that we will continue to
U.S., it’s commonplace to long hours to see that every detail have the George Orwell Free Speech
see a Jewish or black ACLU is taken care of properly, as well as Award and Dinner, so if you are inter-
lawyer defending an
anti-Semite or a Klansman, various lawyers who are helping to ested in attending, please keep in
just to prove the point that take on Doug’s clients, and the su- touch with us, through this newsletter.
freedom of speech only perlative local lawyer that Doug
means something if it applies asked to help him, and who is Our Thanks
to speech we dislike. overseeing everything with his
I am certain that Doug would want
“Almost alone in Canada, knowledge, skill, and great com-
Doug Christie knew that it’s each of you to know how much your
passion for our circumstances.
better to defend free speech support and encouragement has meant
in the first ditch — when the It is extremely hard to watch to him over the long years of his
censors come for unlikeable the dissolution of his practice, but struggles for freedom of speech, and
people — than to defend it in we are at least grateful that it is be- freedom from state interference in the
the last ditch, when those ing done with the utmost respect individual’s life.
emboldened censors come for both Doug and his clients.
for the rest of us.” I hope that you will share your
The Western Canada Concept memories of him and how he made a
The local Times-Colonist wrote and the Western Block Party:
difference in your life with the rest of
on March 11th: Doug was hoping to have a con- us so that his legacy can be preserved
In his final interview with vention in June to find others will- and carried on. There’s talk of such
the Times Colonist in ing to take over the parties. The things as a scholarship fund for young
February, Christie said: newsletter has been published by law students with an interest in free
“I am very grateful I had the me since 1983 and I haven’t yet speech, memorials and possible monu-
chance to battle for thought, decided what I will do about that,
to choose what I thought was ments. I don’t know what will come
considering how tired I am. I of any of these, but I do know that the
the right thing,” Christie
said. “The power of the state would like to hear from those in best and most fitting remembrance is
is an absolute power and like Western Canada who are interested what each of us will do about what his
all absolute power, tends in either carrying on and building example taught us.
over time to be corrupted.” them, or helping in any other way.
He truly felt that each of you was
Christie expressed gratitude The Canadian Free Speech --and is-- essential to that struggle,
for the chance to earn his League: Doug had planned to
living the way he did, calling and I remember how conscientiously
defence lawyers the only spend his later years writing mem- he would answer letters and hold in
thing standing between oirs of his cases, and had started his mind the value of every single per-
citizens and state this process. The plan is to carry on son who would do something toward
oppression. with what he started. I do not yet preserving freedom. I hope that you
“Without defence lawyers, know what form this will take, will remember that, and act upon it.
you wouldn’t even need the however I am familiar with what
courts — you would need he intended as it was a project we
only a police state," he said. were working on together. I will Keltie Zubko
keep you informed as I proceed. It
What is Ahead? is extremely important that his P.S. A DVD of Doug’s funeral
Doug’s Cases: Doug’s 42-year- story be told. and the following reception has very
old law practice is in the process of I intend to maintain the news- kindly been produced by my brothers
being wound down in accordance letter for the short-term, at least. If and I am going to make copies avail-
with the strict rules of the Law Soci- you don’t want to continue receiv- able. If you would like one, please
ety of British Columbia, and I be- ing it, please let me know. If you write me and I will send you one.
lieve that most of the clients have wish to receive it by email, and
been helped to find other counsel. help keep the cost down, please let
We are very grateful to Doug’s as- me know at kzubko@shaw.ca.

March 2013 Page 6 Friends of Freedom Newsletter

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